H.R. 1704 (rh2) To establish a Congressional Office of Regulatory Analysis. ...

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105th CONGRESS
  2d Session
                                H. R. 1704

                      [Report No. 105-441, Part I]

      To establish a Congressional Office of Regulatory Analysis.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 1997

Mrs. Kelly (for herself and Mr. Talent) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Government Reform and Oversight, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

                             March 13, 1998

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             March 13, 1998

 Referral to the Committee on Government Reform and Oversight extended 
               for a period not later than March 23, 1998

                             March 18, 1998

  Additional sponsors: Mr. English of Pennsylvania, Mr. Manzullo, Mr. 
LoBiondo, Mr. Hill, Mrs. Emerson, Mr. Wicker, Mr. Graham, Mr. Peterson 
   of Pennsylvania, Mr. Baker, Mr. Bass, Mr. Norwood, Mr. Pombo, Mr. 
Tauzin, Mr. Saxton, Mr. Lazio of New York, Mr. Archer, Mr. Hastert, Mr. 
 LaHood, Mr. Duncan, Mr. Bereuter, Mrs. Roukema, Mr. Horn, Mr. Ganske, 
   Mr. Goode, Mr. Watts of Oklahoma, Mr. Sessions, Mr. Metcalf, Mr. 
    Gilman, Mrs. Myrick, Mr. Pappas, Mr. McCollum, Mr. Largent, Mr. 
Neumann, Mr. Cunningham, Mr. Sununu, Mr. Weldon of Florida, Mr. Parker, 
Mr. Quinn, Mrs. Maloney of New York, Mr. McIntosh, Mr. Herger, Mr. Barr 
                       of Georgia, and Mr. Condit

                             March 18, 1998

 Referred to the Committee on House Oversight for a period ending not 
later than May 1, 1998 for consideration of such provisions of the bill 
and amendment reported by the Committee on the Judiciary as fall within 
            its jurisdiction pursuant to clause 1(h), rule X
[For text of introduced bill, see copy of bill as introduced on May 22, 
                                 1997]

_______________________________________________________________________

                                 A BILL


 
      To establish a Congressional Office of Regulatory Analysis.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congressional Office of Regulatory 
Analysis Creation Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) Federal regulations have had a positive impact in 
        protecting the environment and the health and safety of all 
        Americans; however, uncontrolled increases in the costs that 
        regulations place on the economy cannot be sustained;
            (2) the legislative branch has a responsibility to see that 
        the laws it passes are properly implemented by the executive 
        branch;
            (3) effective implementation of chapter 8 of title 5, 
        United States Code (relating to congressional review of agency 
        rulemaking) is essential to controlling the regulatory burden 
        that the Government places on the economy; and
            (4) in order for the legislative branch to fulfill its 
        responsibilities under chapter 8 of title 5, United States 
        Code, it must have accurate and reliable information on which 
        to base its decisions.

SEC. 3. ESTABLISHMENT OF OFFICE.

    (a) Establishment.--
            (1) In general.--There is established a Congressional 
        Office of Regulatory Analysis (hereinafter in this Act referred 
        to as the ``Office''). The Office shall be headed by a 
        Director.
            (2) Appointment.--The Director shall be appointed by the 
        Speaker of the House of Representatives and the majority leader 
        of the Senate without regard to political affiliation and 
        solely on the basis of the Director's ability to perform the 
        duties of the Office.
            (3) Term.--The term of office of the Director shall be 4 
        years, but no Director shall be permitted to serve more than 3 
        terms. Any individual appointed as Director to fill a vacancy 
        prior to the expiration of a term shall serve only for the 
        unexpired portion of that term. An individual serving as 
        Director at the expiration of that term may continue to serve 
        until the individual's successor is appointed.
            (4) Removal.--The Director may be removed by a concurrent 
        resolution of the Congress.
            (5) Compensation.--The Director shall receive compensation 
        at a per annum gross rate equal to the rate of basic pay, as in 
        effect from time to time, for level III of the Executive 
        Schedule in section 5314 of title 5, United States Code.
    (b) Personnel.--The Director shall appoint and fix the compensation 
of such personnel as may be necessary to carry out the duties and 
functions of the Office. All personnel of the Office shall be appointed 
without regard to political affiliation and solely on the basis of 
their fitness to perform their duties. The Director may prescribe the 
duties and responsibilities of the personnel of the Office, and 
delegate to them authority to perform any of the duties, powers, and 
functions imposed on the Office or on the Director. For purposes of pay 
(other than pay of the Director) and employment benefits, rights, and 
privileges, all personnel of the Office shall be treated as if they 
were employees of the House of Representatives.
    (c) Experts and Consultants.--In carrying out the duties and 
functions of the Office, the Director may procure the temporary (not to 
exceed one year) or intermittent services of experts or consultants or 
organizations thereof by contract as independent contractors, or, in 
the case of individual experts or consultants, by employment at rates 
of pay not in excess of the daily equivalent of the highest rate of 
basic pay under the General Schedule of section 5332 of title 5, United 
States Code.
    (d) Relationship to Executive Branch.--The Director is authorized 
to secure information, data, estimates, and statistics directly from 
the various departments, agencies, and establishments of the executive 
branch of Government, including the Office of Management and Budget, 
and the regulatory agencies and commissions of the Government. All such 
departments, agencies, establishments, and regulatory agencies and 
commissions shall promptly furnish the Director any available material 
which the Director determines to be necessary in the performance of the 
Director's duties and functions (other than material the disclosure of 
which would be a violation of law). The Director is also authorized, 
upon agreement with the head of any such department, agency, 
establishment, or regulatory agency or commission, to utilize its 
services, facilities, and personnel with or without reimbursement; and 
the head of each such department, agency, establishment, or regulatory 
agency or commission is authorized to provide the Office such services, 
facilities, and personnel.
    (e) Relationship to Other Agencies of Congress.--In carrying out 
the duties and functions of the Office, and for the purpose of 
coordinating the operations of the Office with those of other 
congressional agencies with a view to utilizing most effectively the 
information, services and capabilities of all such agencies in carrying 
out the various responsibilities assigned to each, the Director is 
authorized to obtain information, data, estimates, and statistics 
developed by the General Accounting Office, Congressional Budget 
Office, and the Library of Congress, and (upon agreement with them) to 
utilize their services, facilities, and personnel with or without 
reimbursement. The Comptroller General, the Director of the 
Congressional Budget Office, and the Librarian of Congress are 
authorized to provide the Office with the information, data, estimates, 
and statistics, and the services, facilities, and personnel, referred 
to in the preceding sentence.
    (f) Appropriations.--There are authorized to be appropriated to the 
Office to enable it to carry out its duties and functions for fiscal 
years 1998 through 2006 such sums as may be necessary but not to exceed 
the amount appropriated to carry out chapter 35 of title 44, United 
States Code.

SEC. 4. RESPONSIBILITIES.

    (a) Transfer of Functions Under Chapter 8 From GAO to Office.--
            (1) Director's new authority.--(A) Section 801 of title 5, 
        United States Code, is amended by striking ``Comptroller 
        General'' each place it occurs and inserting ``Director of the 
        Office''.
            (B) Section 801(a)(2)(B) of title 5, United States Code, is 
        amended by striking ``Comptroller General's'' and inserting 
        ``Director of the Office's''.
            (2) Definition.--Section 804 of title 5, United States 
        Code, is amended by adding at the end the following:
            ``(4) The term `Director of the Office' means the Director 
        of the Congressional Office of Regulatory Affairs established 
        by section 3 of the Congressional Office of Regulatory Analysis 
        Creation Act.''.
            (3) Major rules.--
                    (A) Regulatory impact analysis.--In addition to the 
                assessment of an agency's compliance with the 
                procedural steps for ``major'' rules described in 
                section 801(a)(2)(A) of title 5, United States Code, 
                the Office will also conduct its own regulatory impact 
                analysis of these ``major'' rules. This analysis shall 
                include--
                            (i) a description of the potential benefits 
                        of the rule, including any beneficial effects 
                        that cannot be quantified in monetary terms and 
                        the identification of those likely to receive 
                        the benefits;
                            (ii) a description of the potential costs 
                        of the rule, including any adverse effects that 
                        cannot be quantified in monetary terms and the 
                        identification of those likely to bear the 
                        costs;
                            (iii) a determination of the potential net 
                        benefits of the rule, including an evaluation 
                        of effects that cannot be quantified in 
                        monetary terms;
                            (iv) a description of alternative 
                        approaches that could achieve the same 
                        regulatory goal at a lower cost, together with 
                        an analysis of the potential benefit and costs 
                        and a brief explanation of the legal reasons 
                        why such alternatives, if proposed, could not 
                        be adopted; and
                            (v) a summary of how these results differ, 
                        if at all, from the results that the 
                        promulgating agency received when conducting 
                        similar analyses.
                    (B) Time for report to committees.--Section 
                801(a)(2)(A) of title 5, United States Code, is amended 
                by striking ``15'' and inserting ``45''.
            (4) Nonmajor rules.--The Office shall conduct a regulatory 
        impact analyses, as defined in paragraph (3)(A), of any 
        nonmajor rule, as defined in section 804(3) of title 5, United 
        States Code, when requested to do so by a committee of the 
        House of Representatives or the Senate, or individual 
        Representative or Senator.
            (5) Priorities.--
                    (A) Assignment.--To ensure that analysis of the 
                most significant regulations occurs, the Office shall 
                give first priority to, and is required to conduct 
                analyses of, all ``major'' rules, as defined in section 
                804(2) of title 5, United States Code. Secondary 
                priority shall be assigned to requests from committees 
                of the House of Representatives and the Senate. 
                Tertiary priority shall be assigned to requests from 
                individual Representatives and Senators.
                    (B) Discretion to director of office.--The Director 
                of the Office shall have the discretion to assign 
                priority among the secondary and tertiary requests.
    (b) Transfer of Certain Functions Under the Unfunded Mandates 
Reform Act of 1955 From CBO to Office.--
            (1) Cost of regulations.--Section 103 of the Unfunded 
        Mandates Reform Act of 1995 (2 U.S.C. 1511) is amended--
                    (A) in subsection (b), by striking ``the Director'' 
                and inserting ``the Director of the Congressional 
                Office of Regulatory Analysis''; and
                    (B) in subsection (c), by inserting after ``Budget 
                Office'' the following: ``or the Director of the 
                Congressional Office of Regulatory Analysis''.
            (2) Assistance to the congressional office of regulatory 
        analysis.--Section 206 of the Unfunded Mandates Reform Act of 
        1995 (2 U.S.C. 1536) is amended--
                    (A) by amending the section heading to read as 
                follows: ``sec. 206. assistance to the congressional 
                office of regulatory analysis.''; and
                    (B) in paragraph (2), by striking ``the Director of 
                the Congressional Budget Office'' and inserting ``the 
                Director of the Congressional Office of Regulatory 
                Analysis''.
    (c) Other Reports.--In addition to the regulatory impact analyses 
of major and nonmajor rules described in subsection (a) of this 
section, the Office shall also issue an annual report on an estimate of 
the total cost of Federal regulations on the United States economy.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 180 
days after the date of enactment of this Act.
                                 <all>

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